James Otis, the Pre-RevolutionistRidpath, John Clark
History
James Otis, the Pre-Revolutionist
Ridpath, John Clark
Otis, James, 1725-1783
It is a strange kind of law which we hear advanced nowadays, that
because one unpopular Act can't be carried into execution, that
therefore there shall be an end of all law. We are not the first
people who have risen to prevent the execution of a law; the very
people of England themselves rose in opposition to the famous
Jew-bill, and got that immediately repealed. And lawyers know
that there are limits, beyond which, if parliaments go, their
acts bind not.
The king is always presumed to be present in his courts, holding
out the law to his subjects; and when he shuts his courts, he
unkings himself in the most essential point. Magna Charter and
the other statutes are full, "that they will not defer, delay,
nor deny any man justice"; "that it shall not be commanded by the
Great Seal, or in any other way, to disturb or delay common
right." The judges of England are "not to counsel, or assent to
anything which may turn to the damage or disherison of the
crown." They are sworn not to deny to any man common right, by
the king's letters, nor none other man's, nor for none other
cause. Is not the dissolution of society a disherison of the
crown? The "justices are commanded that they shall do even law
and execution of right to all our subjects, rich and poor,
without having regard to any person, without letting to do right
for any letters or commandment which may come to them, or by any
other cause."
ANECDOTES AND CHARACTERISTICS OF OTIS, ETC. OTIS AND HIS FELLOW
PATRIOTS.
Professor Hosmer draws the following pictures of Otis and his
contemporaries:
"The splendid Otis, whose leadership was at first unquestioned,
was like the huge cannon on the man-of-war, in Victor Hugo's
story, that had broken from its moorings in the storm, and become
a terror to those whom it formerly defended. He was indeed a
great gun, from whom in the time of the Stamp Act had been sent
the most powerful bolts against unconstitutional oppression.
With lashings parted, however, as the storm grew violent he
plunged dangerously from side to side, almost sinking the ship,
all the more an object to dread from the calibre that had once
made him so serviceable. It was a melancholy sight, and yet a
great relief, when his friends saw him at last bound hand and
foot, and carried into retirement.
Public-domain text, read in full here on John Shaqi.
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